https://www.taxtmi.com/caselaws?id=328601 Non-compliance with the mandatory safeguards under the NDPS Act created reasonable doubt in the prosecution case. The search was treated as doubtful because the accused, foreign nationals, were not shown to have been properly informed of their right to be searched before a Gazetted Officer or Magistrate, and the police evidence was inconsistent on who recovered the contraband and whether the offer under Section 50 preceded the search. The Court also noted that the secret information was not separately reduced into writing under Section 42, and that mere reference in the FIR was insufficient. The prosecution therefore failed to prove the charge beyond reasonable doubt, and the conviction and sentence were set aside. en-us Wed, 01 Jun 2016 00:00:00 +0530 Wed, 08 Jun 2016 20:04:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=328601 Non-compliance with the mandatory safeguards under the NDPS Act created reasonable doubt in the prosecution case. The search was treated as doubtful because the accused, foreign nationals, were not shown to have been properly informed of their right to be searched before a Gazetted Officer or Magistrate, and the police evidence was inconsistent on who recovered the contraband and whether the offer under Section 50 preceded the search. The Court also noted that the secret information was not separately reduced into writing under Section 42, and that mere reference in the FIR was insufficient. The prosecution therefore failed to prove the charge beyond reasonable doubt, and the conviction and sentence were set aside. Case-Laws Indian Laws Wed, 01 Jun 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=328601